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Illegal Immigration

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Illegal Immigration is entering the United States without permission of the Authorities through permeable border points, overstaying the legal duration of a visa and admission by using fraudulent identity and/or documents.

The Pew Hispanic Centre estimates that there are eleven million immigrants in America, six to seven million of whom came to the United States via illegal entry, mainly through the rural, mountainous and arid border of Arizona and Mexico. Estimates also show that between four to five million unauthorized migrants enter the United States with a legal visa but overstay accounting for between 33–50% of the total population. Approximately 250,000 and 500,000 illegal immigrants gain admission through fraudulent use of identity and/or documents.

With the enactment of Immigration and Nationality Act (INA) and other Federal or State laws in place, an unauthorized immigrant who enters or attempts to enter the United States illegally, uses, acquires, or produces fraudulent documents for immigration-related purposes may be subjected to Civil and Criminal penalties and denied certain immigration benefits, including the ability to enter or reside in the United States.

Illegal immigrants in the United States represent a meaningful portion of the working population, despite laws and enforcement statutes designed to prevent the employment of unauthorized workers. The Federal Immigration Reform and Control Act (ICRA) of 1986 establishes a National Policy regarding the employment of undocumented immigrant workers and places considerable accountability on employers to verify an applicant's legitimate validity and to dismiss workers without status. Hoffman Plastic Caserecognized that the National Immigration Policy should limit unauthorized workers support. The logic was that an unauthorized immigrant who could not legally work should not be compensated in a lawsuit since it would be violating the law. Courts also found that immigration status and unauthorized work status do not bar a worker claiming compensation. They however, declined to extend the reasoning on Hoffman Plastic to different case solutions as it was for Catalan versus Vermillion Ranch Limited Partnership where the court refused to enter a custodial order regarding the complainant’s immigration status.

To curb on illegal immigration, an unauthorized worker program should be set up allowing illegal immigrants to go back to their original countries to get proper paperwork. Serious repercussions should be imposed on employers who engage illegal workers in jobs. Employers and State welfare workers should verify documentation through a database with access to current immigrant and visa information. Local law enforcement agencies should be given jurisdiction over illegal immigrants in the community. Comprehensive immigration policies should be reformed and enforced by securing the borders, enforcing all immigration laws, reforming the visa system and partnering with Latin America on key economic and reform initiatives for a better economy and interrelations with the neighboring countries.